Department of Agriculture

5-396. Banned Hazardous Substances. (a) Under the authority of § 23-39-20(p)(1)(b), the Commissioner declares as banned hazardous substances the following articles because they possess such a degree of hazard that adequate cautionary labeling cannot be written and the public heal…

5-397. Testing Procedures for Hazardous Substances; Method of Testing Toxic Sub- stances. The method of testing the toxic substances named in 5-390(d) and (e) is as described in 21 Code Federal Regulations, Section 191.10.

5-398. Method of Testing Primary Irritant Substances. The method of testing primary irritant substances named in 5-390(f)(1) is as described in 21 Code Federal Regulations, Section 191.11.

5-399. Test for Eye Irritants. The method of testing for eye irritants as named in 5-390(f)(2) is as described in 21 Code Federal Regulations, Section 191.12.

5-4. Assessments and Assessment Funds. 1. Assessments Levied. On and after the effective date of this Marketing Order, there is hereby levied and there shall be collected by the Commission, as provided in § 46-17-310, upon all soybeans grown in the State an annual assessment of o…

5-40. Administration. This Order shall be administered by the South Carolina Sweet Potato Board composed of seven (7) producer members and one ex-officio member. The Board may assign such administrative duties to a duly appointed employee(s) or agent(s) as it deems advisable. The…

5-400. Method of Test for Flashpoint of Volatile Flammable Materials by Tagliabue Open- cup Apparatus. The method of test for flashpoint of volatile flammable materials by Tagliabue open-cup apparatus, as named in 5-390(i)(1) and (2) is as described in 21 Code Federal Regulations…

5-401. Method for Determining Extremely Flammable and Flammable Solids. The method for determining extremely flammable and flammable solids as named in 5-390(j)(1) and (2) is as described in 21 Code Federal Regulations, Section 191.14.

5-402. Method for Determining Extremely Flammable Contents of Self-pressurized Con- tainers. The method for determining extremely flammable and flammable contents of self-pressurized containers as named in 5-390(k)(1) and (2) is as described in 21 Code Federal Regulations, Sectio…

5-403. Method for Determining Flashpoint of Extremely Flammable Contents of Self- pressurized Containers. The method for determining flashpoint of extremely flammable contents of self-pressurized contain- ers as named in 5-390(k)(1) and (2) is as described in 21 Code of Federal R…

5-404. Exemptions for Foods, Drugs, Cosmetics, and Fuels. (a) Foods, drugs, and cosmetics. Substances subject to the Federal Food, Drug and Cosmetic Act, or to the South Carolina Food and Drug Law, are exempted by § 23-39-20(e)(2); but where a food, drug, or cosmetic offers a sub…

5-405. Exemption from Full Labeling and Other Requirements. (a) Any person who believes a particular hazardous substance in a container intended or packaged in a form suitable for use in the household or by children should be exempted from full label compliance otherwise applicab…

5-406. Exemptions for Small Packages, Minor Hazards, and Special Circumstances. (a) The following exemptions are granted for the labeling of hazardous substances under the provisions of 5-405: (1) When the sole hazard from a substance in a self-pressurized container is that it ge…

5-407. Exemptions from Classification as Banned Hazardous Substances. (a) The term ‘‘banned hazardous substances’’ as used in § 23-39-20(p)(1)(a) of the act and 5-390 shall not apply to the following articles provided that these articles bear labeling giving adequate directions a…

5-408. Labeling Requirements—Placement, Conspicuousness, Contrast. (a) The signal word, the statement of the principal hazard or hazards, and instructions to read carefully any cautionary information that may be placed elsewhere on the label shall appear together on the main pane…

5-409. Deceptive Use of Disclaimers. A hazardous substance shall not be deemed to have met the requirements of § 23-39-20( o )(1, 2) if there appears in or on the label or in accompanying literature words, statements, designs, or other graphic materials that in any manner negates…

5-41. Assessments. A. Rate—An annual assessment of five cents per bushel shall be paid by producers and collected by the Commission with the assistance of the Board on commercial quantities of all fresh and cured sweet potatoes produced within the State of South Carolina that are…

5-410. Condensation of Label Information. Whenever the statement of the principal hazard or hazards itself provides the precautionary measures to be followed or avoided, a clear statement of the principal hazard will satisfy both the provisions of § 23-39-20( o )(e, f). When the …

5-411. Labeling Requirements for Accompanying Literature. When any accompanying literature includes or bears any directions for use (by printed word, picture, design, or combination of such methods), such placard, pamphlet, booklet, book, sign, or other graphic or visual device s…

5-412. Substances Determined to be ‘‘Special Hazards.’’ Whenever the Commissioner determines that for a particular hazardous substance intended or packaged in a form suitable for use in the household or by children, the requirements of § 23-39-20( o ) are not adequate for the pro…

5-413. Substances with Multiple Hazards. (a) Any article that presents more than one type of hazard (for example, if the article is both ‘‘toxic’’ and ‘‘flammable’’) must be labeled with an affirmative statement of each such hazard; precautionary measures describing the action to…

5-414. Label Comment. The Department will offer informal comment on any proposed label and accompanying literature involving a hazardous substance if it is furnished with: (a) Complete labeling or proposed labeling, which may be in draft form. (b) Complete quantitative formula. (…

5-415. Substances Named in the South Carolina Dangerous Substances Law. The Commissioner finds that for those substances covered by the South Carolina Dangerous Substances Law (§§ 44-53-1210 through 44-53-1250, Code of Laws of S. C., 1976), the requirement of § 23-39-20( o )(1) o…

5-416. Self-pressurized Containers: Labeling. (a) Self-pressurized containers that fail to bear a warning statement adequate for the protection of the public health and safety may be misbranded under the act, except as otherwise provided pursuant to § 23-39-30. (b) The following …

5-417. Methyl Alcohol-base Radiator Antifreeze: Labeling. (a) Methyl alcohol-base (methanolbase) radiator antifreeze distributed in containers intended or suitable for household use may be misbranded under the act if the containers fail to bear a warning statement adequate for th…

5-418. Ethylene Glycol-base Radiator Antifreeze; Labeling. (a) Ethylene glycol-base radiator antifreeze distributed in containers intended or suitable for household use may be misbranded under the act if the containers fail to bear a warning statement adequate for the protection …

5-419. Extremely Flammable Contact Adhesives; Labeling. (a) Extremely flammable contact adhesives, also known as contact bonding cements, when distribut- ed in containers intended or suitable for household use may be misbranded under the act if the containers fail to bear a warni…

5-42. Reports. A. On and after the effective date of this Order, ‘‘first buyers,’’ including handlers, processors, and distributors shall report not later than the last regular business day of the month immediately succeeding the month of collection to the Commission the total am…

5-420. Licensing. All public livestock sales establishments as defined by Article 5 of Chapter 11 of Title 47 of the 1976 Code, shall obtain on or before July 1 of each calendar year a license from the South Carolina Department of Agriculture. Applications shall be on a standard …

5-421. Display of License. The operator of a public livestock sales establishment must display the license required by Article 5 of Chapter 11 of Title 47 of the 1976 Code and must display the Rules and Regulations pertaining thereto in a prominent place in view of the general pu…

5-422. Records Required. Each public livestock sales establishment must maintain a ledger or suitable substitute listing each and every sale transacted by the establishment. A deposit slip must be obtained not later than the next banking day following the date of sale covering th…

5-423. Prompt Payment. Payment for livestock purchased at auction shall be made on the same date of purchase of the livestock. Such payment shall be made by cash, check or draft. All such funds shall be deposited by the next banking day into the custodial account of the sales est…

5-424. Dissemination of News of Financial Irresponsibility. Whenever an instance of financial irresponsibility has been verified by the South Carolina Depart- ment of Agriculture, all sales establishments which have scheduled markets during the ensuing two days will be contacted …

5-425. Penalties. Upon receipt of evidence that a public livestock sales establishment operator has violated any provision of Article 5 of Chapter 11 of Title 47 of the 1976 Code or these Rules and Regulations, the Commissioner or his authorized representative shall give notice t…

5-426. Injunction Issuance. The display of a license that has been revoked or any attempt by an operator to conduct business in a public livestock sales establishment wherein a license has not been obtained or which has been revoked will result in immediate action by the Commissi…

5-43. Refunds. A. Any producer may request a refund provided the request is made in writing and in the hands of the Commission within 30 days from the date upon which assessment was due and that such assessment was properly paid and receipt issued prior to this date; provided tha…

5-430. Tests. 1. The Babcock Test is declared the official method to be used in compliance with this act. One modification is permitted but not required. Nine milliliters of a 50% quaternary ammonium compound preparation may be added to each liter of the sulfuric acid regularly u…

5-431. Weighing. 1. Scales must always be properly balanced, kept in good working condition, and easily readable. All measuring and weighing equipment used in the plant must comply with the requirements of the South Carolina Weights and Measures Law. 2. The weight of milk and/or …

5-432. Equipment and Supplies. All glassware, equipment and supplies for Babcock testing must meet the U.S. Bureau of Standards specifications as outlined in the appendix of ‘‘Techniques of Dairy Plant Testing’’ by E. F. Goss.

5-433. Sampling Milk and Cream. 1. Milk and/or cream to be tested must be thoroughly mixed before sampling. 2. When daily tests of each delivery are made, the sample must contain not less than 60 milliliters of milk and/or cream. The remaining portion of the daily sample must be …

5-434. Sample Containers. 1. Composite samples must be put in approved, airtight, round bottles which must be clean, dry, and free from cracks or chips. The sample bottles must have sloped shoulders with the neck not less than 1 3 ⁄4 inch in diameter and fitted with a tight rubbe…

5-44. Packaging and Labeling. A. Packaging and labeling (section 2 of 5-32) requirements shall be effective February 1, 1970. B. Only the following containers shall be allowed for marketing sweet potatoes in South Carolina: (1) Bushel baskets, (2) Du-All cartons, (3) Corrugated p…

5-440. Registering of Gasoline. 1. All gasoline sold, offered or exposed for sale or distribution in South Carolina must be registered by each identifying brand name on registration blanks furnished by the South Carolina Department of Agriculture. 2. Any visual publicity or news …

5-444. Definitions. 1. STM International - (American Society for Testing & Materials) means the international voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and t…

5-445. Standard Fuel Specifications. 1. Gasoline and Gasoline-Oxygenate Blends - (as defined in this regulation) shall meet the following requirements: A. The most recent version of ASTM D 4814, ‘‘Standard Specification for Automotive Spark Ignition Engine Fuel,’’ except that vol…

5-446. Classification and Method of Sale of Petroleum Products. 1. General Considerations. A. Documentation - When gasoline, gasoline-oxygenate blends, reformulated gasoline, M85 and M100 fuel methanol, E85 and E100 fuel ethanol, liquefied petroleum (LP) gases, compressed natural…

5-447. Retail Storage Tanks. 1. Water in Gasoline, Diesel, Gasoline-Ether, and Other Fuels - Water shall not exceed 76 mm (3in) in depth when measured with water indicating paste in any tank utilized in the storage of biodiesel, diesel, gasoline, gasoline-ether blends, and kerose…